Chandigarh

DF-II

CC/44/2023

SUBE SINGH KAUSHIK - Complainant(s)

Versus

V.R. DECORS, OPPOSITE HOUSE NO 1480, SHOP NO 10, PANCHAYAT COMPLEX, VILLAGE BURTELA, SECTOR 41-B, CH - Opp.Party(s)

PRANAV CHADHA

15 Mar 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	44 of 2023
Date  of  Institution	:	20.01.2023
Date   of   Decision	:	15.03.2024

 

 

 

 

Sube Singh Kaushik s/o Late Sh.Hari Ram, resident of House No.526, Ward No.7, Kansal District SAS Nagar, Mohali 160103

.... Complainant

VERSUS

1] V. R. Decors, Opposite House No.1480, Shop No.10, Panchayat Complex, Village Burtela, Sector 41-B, Chandigarh 160036 through its authorized signatory Mr.Vijay Chauhan.

2]  Vijay Chauhan, authorized signatory of V. R. Decors, Opposite House No.1480, Shop No.10, Panchayat Complex, Village Burtela, Sector 41-B, Chandigarh 160036

  .....Opposite Parties

 

BEFORE:      MR.AMRINDER SINGH SIDHU,  PRESIDENT

                            MR.B.M.SHARMA             MEMBER

 

Present:-       Sh.Pranav Chadha, Counsel for the complainant along with complainant in person

 

                Sh.Amit Mahajan, Counsel for the OPs

 

 

ORDER BY AMRINDER SINGH SIDHU, M.A (Eng.), LLM, PRESIDENT

1]       The complainant has filed the present complaint pleading that believing the assurance of the OPs about the durability, long life and advantages of SPC floor, he purchased the SPC flooring measuring 528 sq. feet and 3 pieces of door profile from them on 9.9.2022 & 10.9.2022 for a total sum of Rs.99,356/- vide Invoices Ann.C-1 & C-2.  The said SPC flooring and Door profiles were also installed by the workers of the OPs.  It is stated that though the OPs assured him that the SPC flooring have long life of at least 10 years, it started breaking and due to its poor quality resulting in cracks appearing in it. It is also stated that the SPC flooring and door profiles being of poor quality did not last even for three months from the date of purchase. The complainant reported this matter to the OPs a number of times with a request to replace it and lastly sent legal notice on 27.12.2022 (Ann.C-6) but the Ops neither replaced it nor refunded its cost.  Therefore, the present complaint has been filed alleging the said act & conduct of the OPs as deficiency in service and unfair trade practice with a prayer to direct the OP to replace the defective flooring and door profile, refund the cost of entire defective material of flooring and door profile as well as to pay compensation and litigation expenses.

 

2]       After service of the notice, the OPs No.1 & 2 have filed their written version and while admitting the factual matrix of the case, stated that the complainant approached the OPs on 04.09.2022 for SPC flooring and after discussions, the complainant requested the OPs to visit the Site for SPC flooring of 528 sq. ft area approx. It is submitted that after due inspection of the area and floor, the complainant was advised to zero level the floor surface area as the SPC flooring is sustainable at zero leveled surface area only as the surface area of the floor of the Complainant's residence for SPC flooring is not at all equally zero leveled and hence, it won't give sustainable results but the complainant refused to do so and later told the OPs that no civil construction/civil works can be executed for the zero leveling of floor surface area for SPC flooring in his area. It is submitted that the complainant forced the OPs and told that there is no need of civil work for SPC flooring and on his instruction, the OPs have performed interior service as per the requirements of the complainant with professionalism and on time and after the work, the complainant gave feedback about the service, which was highly appreciated and remarked highly satisfied by the complainant.  It is stated that the product purchased by the complainant are not covered under any kind of warranty and the complainant is aware about it. Denying other allegations and pleading no deficiency in service, the OPs No.1 & 2 have prayed for dismissal of the complaint.

 

3]       Parties led evidence in support of their contentions.

4]       We have heard the ld.Counsel for the contesting parties and have gone through the documents on record including written submissions.

5]       After going through the documents on record as well as pleadings, it is observed that it is an admitted case of the parties that the SPC flooring and Door profile were purchased by the complainant from the OPs on 9.9.2022 & 10.9.2022.  It is also observed that the said flooring and door profile developed cracks soon after its purchase i.e. within 3 months and as such, the complainant sent a legal notice on 27.12.2022 to the OPs in this regard.  Further, the OPs have not disputed the cracks on the SPC flooring and door profile supplied to the complainant.  The plea of the OPs that the said flooring and door profile were not carrying any warranty is not justified as the same developed cracks just within few months of its purchase. Therefore, we are of the opinion that a low quality & substandard material has been supplied to the complainant by the OPs, which amounts to deficiency in service and unfair trade practice on their part due to which the complainant had suffered.       

6]       Taking into consideration the above discussion and findings, we are of the opinion that deficiency in service and unfair trade practice on the part of OPs No.1 & 2 is clearly made out. Accordingly, the present complaint is partly allowed against OPs No.1 & 2.  The OPs No.1 & 2 are directed to refund to the complainant an amount of Rs.99,356/- (i.e. cost of the SPC Flooring and Door profiles) along with interest @9% per annum from the date of filing the present complaint till the date of its actual payment to the complainant.

         The above said order shall be complied with by the OPs No.1 & 2 jointly & severally within a period of 60 days from the date of receipt of copy of this order.

 

 

7]       The pending application(s) if any, stands disposed of accordingly.

        The Office is directed to send certified copy of this order to the parties, free of cost, as per rules & law under The Consumer Protection Rules & Act accordingly. After compliance file be consigned to record room.

Announced

15.03.2024                                                                    

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

 (B.M.SHARMA)

MEMBER